Stamp Duties Act 1923

If on an application made under this section the Commissioner is satisfied—

that the applicant is a party to an instrument that constitutes—

a conveyance of property between superannuation funds;

an agreement to convey property between superannuation funds;

that the trustees of the respective funds are of the opinion that the funds will be complying superannuation funds for the year in which the conveyance occurs; and

that the conveyance is in connection with a person ceasing to be a member of, or otherwise ceasing to be entitled to benefits in respect of, one superannuation fund and becoming a member of, or otherwise becoming entitled to benefits in respect of, the other superannuation fund, this section applies to the instrument.

If on application made under this section the Commissioner is satisfied—

that the applicant is a party to an instrument that is a conveyance of property, or an agreement to convey property, from a superannuation fund to a pooled superannuation trust; and

that the purpose of the conveyance is to satisfy standards relating to the investment of assets of the superannuation fund prescribed by or under the SIS Act; and

that the only consideration for the conveyance is the right to share in the income and assets of the pooled superannuation trust whether that right is in the form of units issued by the trust or some other form, this section applies to the instrument.

If on application made under this section the Commissioner is satisfied—

that the applicant is a party to an instrument that is a conveyance of property, or an agreement to convey property, from a pooled superannuation trust—

to a superannuation fund; or

to another pooled superannuation trust at the direction of a superannuation fund; and

that the only consideration passing from the superannuation fund to the firstmentioned pooled superannuation trust for the conveyance is the surrender by the superannuation fund of the whole or part of its right to share in the income and assets of the pooled superannuation trust, this section applies to the instrument.

The duty payable on an instrument to which this section applies will be—

the amount of ad valorem duty that would be payable on the instrument as a conveyance apart from this section; or

$200, whichever is the lesser.

The Commissioner may require a party to an instrument that may be assessable under this section to provide such information or evidence as the

The Commissioner may require the information or evidence to be given on oath or verified by statutory declaration.

In this section—

a fund which is a complying superannuation fund within the meaning of section 267 of the Income Tax Assessment

a fund which is a complying approved deposit fund as defined by section 47 of the SIS Act;

This section applies to an instrument of a kind referred to in subsection (1),

or

if it was first lodged for stamping with the Commissioner on or after the commencement of the subsection concerned.